Carlsbad City Council says no to developer's request to skip sidewalks

CARLSBAD >> Sidewalks are important. That was the message sent by the Carlsbad City Council on Tuesday when it denied a developer's request to build a housing development south of Hidalgo Road without required sidewalks.

The subdivision was scheduled to be split into 30 lots, and a representative for the developer says they are now looking for alternative uses for the 30-acre property near Mescalero Street and Crabb Street instead of housing units.

The motion at the city council meeting passed 7-1, with Councilman Richard Doss as the lone dissenting vote.

Members of the city's Disability Advisory Board urged the council to uphold city requirements, saying an appeal like this could hinder growth for the city and stifle Americans with Disabilities Act accessibility for residents who need it.

"Our infrastructure is behind and we are playing catch up," board member Don Neighbors said. "We need to advance quality for all citizens."

"At some time we've got to make some wise and smart decisions," he added. "If we don't we are going to play catch up forever and I don't want my kids playing catch up when I'm gone."

City staff from five departments asked the city's planning and zoning commission to deny the developer's request, including the legal, police and planning department. However, the request was approved by the commission during an April 7 meeting.

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According to the city's subdivision ordinance, developers must provide an ADA compliant, alternative route to the nearest bus stop or school if they do not want to provide sidewalks for the development. Planning director Stephanie Shumsky told the commission the developer did not provide requested justification for the sidewalk appeal.

Dick Means, a representative for developer Scott Branson of Branson Properties, said during the meeting the area does not receive heavy truck traffic. Also, the development is miles away from the nearest bus stop, parks and schools.

"The nearest city bus stop is at Walmart and the nearest school is Pate," Means said.

James Knott, chairman of the planning and zoning commission, spoke against the appeal during the meeting. He said he could sympathize with developers about the cost of projects because he was a developer. Knott was one of the three commission members who voted for the appeal during the April 7 meeting.

"It's all about economics," Knott said. "A developer is not going to build something if it is not economically feasible."

"We have a need for affordable housing," Knott added. "We need to use common sense."

Members of the board felt that safety for residents should be the utmost importance.

"What's the price of a child to get run over?" Neighbors said.

Means said sidewalks could add up to $60,000 to the cost of the project, or $2,000 per lot. Houses were to be sold around $115,000 to $130,000, he said.

Branson's original plans were also to move swiftly with the project, hopefully completing housing units in six months,

"We were trying to have it subdivided, complete and selling houses by six months if we got the contractors," he said. "You can't control some of those contractors."

Means added that the development related to the appeal did not receive any complaints from people in proximity.

The Planning and Zoning Commission unanimously approved a similar appeal for a Hagerman Acres Tract Subdivision near Chapman Road and Forrest Drive in a January meeting. Ten lots are planned for that property. No requests to overturn the appeal were filed before the deadline.

Means also commented that other areas in the city like Riverside Drive and Orchard Lane do not have sidewalks for pedestrians, but the area has more traffic.

Access to transit services might be difficult if sidewalks weren't included. The city's public transit system provides personal pick-up at houses, and the transit bus ramps have to be used on a flat surface, said Tom Kirby, president of the disability board.

"If (sidewalks) are unavailable, someone could get hurt," Kirby said.

Sidewalks and the community

During the meeting, Shumsky told council that sidewalks for developments were not a requirement until sometime during the 1950s. Ever since then, city councils have required developers to provide sidewalks in subdivisions, and the ordinance was revised in early 2013.

But growth inside city limits has spiked so rapidly that Carlsbad now offers a 15 percent reimbursement for developments to build infrastructure for amenities like roads and sewer to the new developments. Sidewalks also further the city's Greater Carlsbad Comprehensive Plan, which would greatly help the city gain an "age-friendly" distinction from the American Association of Retired Persons and the World Health Organization, according to Councilwoman Janell Whitlock.

She said it was a tough vote for her because the development would have brought 30 new houses for the city. She added, however, that she frequently sees more children where she lives, which is an area that has no sidewalks.

"We need to have sidewalks not just for retirees but for the look and safety of our city," Whitlock said.

Councilwoman Sandra Nunley said during the meeting that parents of some of her elementary school students who live at the Copperstone Apartments say it's extremely dangerous to walk to the nearest bus stop. She added that some parents have agreements with a homeowner near the apartments to avoid walking down Callaway Drive.

Once voting was complete, Shumsky asked council to re-visit the ordinance, so staff could have better clarification and direction to tell developers.

"I think it is more important to follow the ordinance and if it doesn't work with developers, the city should look into changing it."

The land was originally zoned and subdivided in 2007. City officials at that time required that curbs, gutters and sidewalks be installed and comply with ADA standards, according to city documents. Knott was the developer who made the original request, according to reports.

Knott sold the property to Branson in September 2011, according to Eddy County tax assessor records.